42-752-Ordinance No. 82-024 Recorded 6/16/1982va -a 42 ME 752
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending Ordi-
nance PL-15, As Amended,
Deschutes County Zoning
ordinance of 1979, Rezoning
Certain Property From Exclu-
sive Farm Use - 40 (EFU-3)
Zone and Exclusive Farm Use -
20 (EFU-4) Zone to Multiple
Use Agriculture (MUA-10)
Zone; and Declaring an
Emergency.
Rose JUN 1 ~ 1982
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ORDINANCE NO. 82-024
WHEREAS, Keith Cyrus proposed the rezoning of certExclusive
property from Exclusive Farm Use - 40 (EFU-3) Zone and
Farm Use - 20 (EFU-4) Zone, to Multiple Use Agriculture (MUA-10)
Zone; and
WHEREAS, notice of hearing was given in accordance with law;
and
WHEREAS, the Hearings officer held a hearing on the proposed
zone change on April 13, 1982, and May 11, 1982; and
WHEREAS, the Hearings officer recommended that the propertive
be rezoned from Exclusive Farm Use - 40 (EFU-3) Zone and Exclus
Farm Use - 20 (EFU-4) Zone, to Multiple Use Agriculture (MUA-10)
Zone by decision dated May 13, 1982; and
WHEREAS, hDeschutesnCountyePlanningsCoofficer mmissionasnow, been
appealed to the
therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY,
OREGON, ORDAINS as follows:
Section 1. That Ordinance No. PL-15, Deschutes County Zoning
Ordinance of 1979, is amended to change the zoning from Exclusive
Farm Use - 40 (EFU-3) Zone and Exclusive Farm Use - 20 (EFU-4) of
Zone, to Multiple Use Agriculture (MUA-10) Zone for the parcel real property described as:
Tax Lots 100, 702, and 501, Section Ranirteen
(13), Township Fifteen (15) South, (10) East of the Willamette Meridian,
Deschutes County, Oregon;
1 - ORDINANCE NO. 82-024
and depicted on the map marked Exhibit "A", attached hereto and by
this reference incorporated herein.
Section 20 To adopt as the Board of County Commissioners'
findings and conclusions, the findings and decisions of the
Hearings Officer dated May 13, 1982, relating to Zone Change
Application Number Z-82-1, marked Exhibit "B", attached hereto and
by this reference incorporated herein.
Section 3. This ordinance being necessary for the immediate
preservation of public peace, health and safety, an emergency is
declared to exist, and this ordinance takes effect on its passage.
DATED this the ~A&day of J(4 LtA-01 , 19820
BOARD OF COUNTY COMMISSIONERS
OF DESCHES /CDOUNTY, OREGON
~~li ,fi 1
CLA
ATTEST: /
~x.SUSAN 0 EMAN
Recording Secretary
2 - ORDINANCE NO. 82-024
EXHIBIT "A"
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EXHIBIT "B"
FILE NO:
FINDINGS AND DECISION
82-1
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t,. COUNTY APPLICANT: Keith Cyrus
REQUEST: An application for a zone change from EFU-20
and EFU-40, Exclusive Farm Use to MUA-10,
Multiple Use Agriculture. This is to be in
conformance with Section 10.040 of PL-15,
Deschutes County Zoning Ordinance.
PLANNING STAFF
REPRESENTATIVE: Lin Bernhardt
PUBLIC HEARING:
BURDEN OF PROOF:
PTNTITN(:S -
The public hearing was held in room 106,
Deschutes County Courthouse Annex, Bend,
Oregon on Tuesday, April 13, 1982 and
continued until May 11, 1982 at 7:00 P.M. An
oral decision was rendered at that time.
In order-to receive approval of this request.
thelapplicant must meet the criteria set forth
in Section 10.040 of PL-15, Deschutes County
Zoning Ordinance.
1. LOCATION:
The subject property is located approximately one-half mile
south of Highway 126, east of Cloverdale road and is further
described as Tax Lots 100, 702 and 501, Township 15 south,
Range 10 east, Section 13.
2. ZONE:
The parcel is located within EFU-20 and EFU-40, Exclusive Farm
Use zoning.
3. COMPREHENSIVE PLAN DESIGNATION:
The subject property is designated as Agriculture on the
Comprehensive Plan map.
HEARINGS OFFICER
DESCHUTES COUNTY COURTHOUSE ANNEX BEND,OREGON
TELEPHONE (503) 388-6626
V-82-1- KEITH CYRUS - PAGE 1
va s 4~ FACE756
4. SITE DESCRIPTION:
The subject property is 310 acres in size, 120 acres lies
within the EFU-20 zone, and 190 acres within the EFU-40 zone.
The subject parcel has generally rolling topography with some
steep slopes, and the parcel has a vegetative cover of
sagebrush, juniper and pines. There are some level irrigated
agricultural areas consisting of marginal soils. Access to
the property is off Jordan Road. The parcel's source of
irrigation is from a well located in the northeast corner oe
Section 13, Township 15 south, Range 10 east.
CONCLUSIONS:
The applicant has addressed the criteria set forth in Section
10.040 of PL-15, Deschutes County Zoning Ordinance, as follows:
A. The rezoning is consistent with the Comprehensive Plan.
The Comprehensive Plan states:
"Agricultural Lands Definition:
Agricultural lands are those which are identified as
possessing Soil Conservation Service Agricultural Capability
Class I-V soils or, where detailed soils information is not
available, agricultural land shall be identified by showing
that it has been listed as on Farm Tax Deferral within the
five years preceding the apdoption of the plan (as indicated
on the Existing Land Use Map compiled from County Assessor's
records) and/or by the fact that the land is indicated on the
County Planning Department's Irrigated Lands map."
Even though the majority of the land subject to this proposed
zone change has not been farmed, it is part of a larger area
that has been listed on the Farm Tax Deferral for the past
five years.
B. The proposed residential use, MUA-10 could possibly have a
density of 31 residential units. This density will have an
impact on energy and other environmental and economic impacts
in the immediate area.
There is a questionable need for density, as 91% of the new
County population will live inside the urban area. Slightly
over 3,000 rural lots will be required. At this time, the
inventory in the County indicates that there is approximately
17,000 undeveloped rural lots.
C. The Comprehensive Plan and Zoning Ordinance does recognize the
need of farmers to sell off unproductive pieces of land in
order to maintain a farm unit and economic use of the land.
The Hearings Officer finds that this is pertinent to this
situation. The applicant has established beyond any question
that there is a need for him to sell off a portion of the pro-
perty in order to maintain production on the remainder of the
property. The applicant has submitted documents supporting
this need.
V-82-1- KEITH CYRUS - PAGE 2
OL -r
The rezoning to MUA-10, Multiple Use Agriculture will have an
impact on the neighboring agriculture uses, as there are
instensive farming units in close proximity. The applicant
has indicated that he wishes to develop the property into a
planned development or a cluster residential unit.
D. It is also required that the application consist of soils
predominantly classed as VI or VII soils.
The Deschutes County Farm Appraisers classified the majority
of the subject property as Class VII. There is an area of
Grade VI soils located in the southeastern portion of the
parcel that is marginally productive and a field consisting of
approximately 20 acres in Class V soils.
The property does have an existing well and a pond reservior
for irrigation purposes.
DECISION:
The Hearings Officer finds that the intent and purpose of the
Comprehensive Plan is to limit residential use in agricultural
areas. Due to the proposal by the applicant and recognizing that
some of the prime production land is located immediately to the
property subject of this application. The Hearings officer hereby
approves the rezoning for that portion of the land that lies to
the south of Jordan Road to NtUA-10, Multiple Use Agriculture.
The Hearings officer denies the application for a zone change for
that portion that lies north of Jordan Road.
DATED this day of May, 1982.
This decision becomes final fifteen days after the date mailed
unless appealed to the Planning Commission by a party of interest.
e.r Avedovech
HEARINGS OFFICER
MA:ch
cc: File
Planning Department
Planning Commission
Keith Cyrus
David Jaqua
V-82-1- KEITH CYRIIS - PAnp i